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(영문) 광주지방법원 순천지원 2020.05.15 2019고단2753
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:10 on Nov. 4, 2019, the Defendant reported that the Defendant did not pay the drinking value to the Defendant’s daily drinking at the point C, and that E (the age 51) who was the guard of the department of the Fath Police Station D (the age 51) called out after having received 112 a report that the Defendant’s daily drinking value does not go to the drinking value, took the Defendant’s act of disturbing the Defendant’s daily drinking F, and took one time the Defendant’s left face at one time in drinking.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 Reports, and at the same time, the Defendant was saved with the victim E in need of approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and G;

1. 112 reported case handling table;

1. Investigation report (Attachment of the damaged part and on-site photographs);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture may be accompanied by past violence for the reason of sentencing under Article 62-2 of the Criminal Act, and the punishment shall be imposed on a severe punishment due to defective transfer or assignment of the obstruction of performance of official duties of this case. However, the execution of punishment shall be postponed only once by taking into account the following: (a) the defendant led to the confession and reflect of the crime; and (b) there was no previous offense of obstruction of performance of official duties;

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